[HISTORY: Adopted by the Town Board of the
Town of Deerpark 5-3-1993 by L.L. No. 3-1993. Amendments noted where
applicable.]
GENERAL REFERENCES
Bingo — See Ch. 106.
As used in this chapter, the following terms
shall have the following meanings:
An authorized organization which has been granted a lessor's
license pursuant to the provisions of this chapter or the Town of
Deerpark.
Includes any bona fide religious or charitable organization
or bona fide educational, fraternal or service organization or bona
fide organization of veterans or volunteer firemen, which by its charter,
certificate of incorporation, constitution, or act of the legislature,
shall have among its dominant purposes one or more of the lawful purposes
as defined in this chapter, provided that each shall operate without
profit to its members, and provided that each such organization has
engaged in serving one or more of the lawful purposes as defined in
this chapter for a period of three years immediately prior to applying
for a license under this chapter. No organization shall be deemed
an authorized organization which is formed primarily for the purpose
of conducting games of chance and which does not devote at least 75%
of its activities to other than conducting games of chance. No political
party shall be deemed an authorized organization.
Any person, firm, partnership, corporation or organization
licensed by the Board to sell or lease games of chance equipment or
paraphernalia which meets the specifications and regulations established
by the Board. Nothing herein shall prevent an authorized organization
from purchasing common articles, such as cards and dice, from normal
sources of supply of such articles or from constructing equipment
and paraphernalia for games of chance for its own use. However, no
such equipment or paraphernalia, constructed or owned by an authorized
organization shall be sold or leased to any other authorized organization,
without written permission from the Board.
Includes those games in which a participant shall draw a
card from a jar or other suitable container which contains numbers,
colors or symbols that are covered and which, when uncovered, may
reveal that a prize shall be awarded on the basis of a designated
winning number, color or symbol or combination of numbers, colors
or symbols.
New York State Racing and Wagering Board.
The Clerk of the Town of Deerpark, Orange County, New York.
The New York City Department of Consumer Affairs.
Includes only the games known as "merchandise wheels" and
"bell jars" and such other specific games as may be authorized by
the Board, in which prizes are awarded on the basis of a designated
winning number or numbers, color or colors, symbol or symbols determined
by chance, but not including games commonly known as "bingo”
or “lotto" which are controlled under Article 14-H of the General
Municipal Law and also not including "slot machines," "bookmaking,"
"policy or numbers games" and "lottery" as defined in § 225.00
of the Penal Law. No game of chance shall involve wagering of money
by one player against another player.
Legal tender or a form of scrip or chip authorized by the
Board, any of which may be used at the discretion of the games of
chance licensee.
One or more of the following causes, deeds or activities:
Those which shall benefit needy or deserving
persons indefinite in number by enhancing their opportunity for religious
or educational advancement, by relieving them from disease, suffering
or distress, or by contributing to their physical well-being, by assisting
them in establishing themselves in life as worthy and useful citizens,
or by increasing their comprehension of and devotion to the principles
upon which this nation was founded and enhancing their loyalty to
their governments.
Those which shall initiate, perform or foster
worthy public works or shall enable or further the erection or maintenance
of public structures.
Those which shall otherwise lessen the burdens
borne by government or which are voluntarily undertaken by an authorized
organization to augment or supplement services which government would
normally render to the people, including, in the case of volunteer
firemen's activities, the purchase, erection or maintenance of a building
for a firehouse, activities open to the public for the enhancement
of membership, and the purchase of equipment which can reasonably
be expected to increase the efficiency of response to fires, accidents,
public calamities and other emergencies.
Those which shall initiate, perform or foster the provisions of services to veterans by encouraging the gathering of such veterans and shall enable or further the erection or maintenance of facilities for use by such veterans which shall be used primarily for charitable or patriotic purposes, provided however that such proceeds are disbursed pursuant to § 151-3 of this chapter.
A period of time not to exceed 14 consecutive hours and,
for the purposes of the game of chance known as a bell jar, "license
period" shall mean a period of time running from January 1 to December
31 of each year.
A written agreement between a lessor and lessee under the
terms of which the lessee is entitled to the possession, use or occupancy
of the whole or part of any premises from any noncommercial or nonprofit
authorized games of chance lessor for which the lessee pays rent to
the lessor and likewise undertakes to pay substantially all of the
regularly recurring expenses incident to the operation and maintenance
of such leased premises.
In relation to the gross receipts from one or
more license periods of games of chance, the amount that shall remain
after deducting the reasonable sums necessarily and actually expended
for supplies and equipment, prizes, security personnel, stated rental
if any, bookkeeping or accounting services according to a schedule
of compensation prescribed by the Board, janitorial services and utility
supplies if any, license fees, and the cost of bus transportation,
if authorized by the Clerk or department; and
In relation to the gross rent received by an
authorized games of chance lessor for the use of its premises by a
game of chance licensee, the amount that shall remain after deducting
the reasonable sums necessarily and actually expended for janitorial
services and utility supplies directly attributable thereto if any.
The chief law enforcement officer of the Town of Deerpark, Orange County, New York, or if the Town of Deerpark exercises the option set forth in § 151-12B of this chapter, the chief law enforcement officer of Orange County.
The successive operations of any one single type of game of chance which results in the awarding of a series of prizes amounting to $500 or $400 during any one license period, in accordance with the provisions of § 151-4H of this chapter, as the case may be. For purposes of the game of chance known as a merchandise wheel, "one occasion" shall mean the successive operations of any one such merchandise wheel for which the limit on a series of prizes provided by § 151-4F of this chapter shall apply. For purposes of the game of chance known as a bell jar, "one occasion" shall mean the successive operation of any one such bell jar which results in the awarding of a series of prizes amounting to $1,000.
The play of a single type of game of chance necessary to
determine the outcome or winners each time wagers are made.
A designated area within a building, hall, tent, or grounds
reasonably identified for the conduct of games of chance. Nothing
herein shall require such area to be enclosed.
The total amount of single prizes minus the total amount
of wagers lost during the successive operations of a single type of
game of chance, except that for merchandise wheels, "series of prizes"
shall mean the sum of the actual value of merchandise awarded as single
prizes during the successive operations of any single merchandise
wheel.
The sum of money or actual value of merchandise awarded to
a participant by a games of chance licensee in any one operation of
a single type of game of chance in excess of his wager.
The games of chance known as “merchandise wheels”
and “bell jars” and each other specific game of chance
authorized by the Board.
A.
The Town Board may, either by local law or ordinance,
provide that it shall be lawful for any authorized organization, upon
obtaining a license therefor as hereinafter provided, to conduct games
of chance within the territorial limits of such Town of Deerpark,
subject to the provisions of such local law or ordinance, the provisions
of this chapter, and the provisions set forth by the Board.
B.
No such local law or ordinance shall become operative
or effective unless and until it shall have been approved by a majority
of the electors voting on a proposition submitted at a general or
special election held within such Town of Deerpark who are qualified
to vote for officers of the Town of Deerpark.
C.
The time, method and manner of submission, preparation
and provision of ballots and ballot labels, balloting by voting machine
and conducting the election, canvassing the result and making and
filing the returns and all other procedure with reference to the submission
of and action upon any proposition for the approval of any such local
law or ordinance shall be the same as in the case of any other proposition
to be submitted to the electors of the Town of Deerpark at a general
or special election in the Town of Deerpark, as provided by law.
The Board shall have the power and it shall
be its duty to:
A.
Supervise the administration of games of chance licensing
law and to adopt, amend and repeal rules and regulations governing
the issuance and amendment of licenses thereunder and the conducting
of games under such licenses, which rules and regulations shall have
the force and effect of law and shall be binding upon all municipalities
issuing licenses, and upon licensees of the Board, to the end that
such licenses shall be issued to qualified licensees only, and that
said games shall be fairly and properly conducted for the purposes
and in the manner of the said games of chance licensing law prescribed
and to prevent the games of chance thereby authorized to be conducted
from being conducted for commercial purposes or purposes other than
those therein authorized, participated in by criminal or other undesirable
elements and the funds derived from the games being diverted from
the purposes authorized, and to provide uniformity in the administration
of said law throughout the state, the Board shall prescribe forms
of application for licenses, licensees, amendment of licenses, reports
of the conduct of games and other matters incident to the administration
of such law.
B.
Conduct, anywhere in the state, investigations of
the administration, enforcement and potential or actual violations
of the games of chance licensing law and of the rules and regulations
of the Board.
C.
Review all determinations and actions of the Clerk
or department in issuing an initial license and it may review the
issuance of subsequent licenses and, after hearing, revoke those licenses
which do not in all respects meet the requirements of this chapter
and the rules and regulations of the Board.
D.
Suspend or revoke a license, after hearing, for any
violation of the provisions of this chapter or the rules and regulations
of the Board.
E.
Hear appeals from the determinations and action of
the Clerk, department or officer in connection with the refusing to
issue licenses, the suspension and revocation of licenses and the
imposition of fines in the manner prescribed by law and the action
and determination of the Board upon any such appeal shall be binding
upon the Clerk, department or officer and all parties thereto.
F.
Carry on continuous study of the operation of the
games of chance licensing law to ascertain from time to time defects
therein jeopardizing or threatening to jeopardize the purposes of
this chapter, and to formulate and recommend changes in such law and
in other laws of the state which the Board may determine to be necessary
for the realization of such purposes, and to the same end to make
a continuous study of the operation and administration of similar
laws which may be in effect in other states of the United States.
G.
Supervise the disposition of all funds derived from
the conduct of games of chance by authorized organizations not currently
licensed to conduct such games.
H.
Issue an identification number to an applicant authorized
organization if it shall determine that the applicant satisfies the
requirements of the games of chance licensing law and the rules and
regulations of the Board.
I.
The Board shall have the power to approve and establish
a standard set of games of chance equipment and shall by its rules
and regulations prescribe the manner in which such equipment is to
be reproduced and distributed to licensed authorized organizations.
The sale or distribution to a licensed authorized organization of
any equipment other than that contained in the standard set of games
of chance equipment shall constitute a violation of this section.
The conduct of games of chance authorized by
local law or ordinance shall be subject to the following restrictions
irrespective of whether the restrictions are contained in such local
law or ordinance, but nothing herein shall be construed to prevent
the inclusion within such local law or ordinance of other provisions
imposing additional restrictions upon the conduct of such games:
A.
No person, firm, partnership, corporation or organization, other than a licensee under the provisions of § 151-9 of this chapter, shall conduct such game or shall lease or otherwise make available for conducting games of chance premises for any consideration whatsoever, direct or indirect.
B.
No game of chance shall be held, operated or conducted
on or within any leased premises if rental under such lease is to
be paid, wholly or partly, on the basis of a percentage of the receipts
or net profits derived from the operation of such game.
C.
No authorized organization licensed under the provisions
of this chapter shall purchase or receive any supplies or equipment
specifically designed or adapted for use in the conduct of games of
chance from other than a supplier licensed by the Board or from another
authorized organization.
D.
The entire net proceeds of any game of chance shall
be exclusively devoted to the lawful purposes of the organization
permitted to conduct the same and the net proceeds of any rental derived
therefrom shall be exclusively devoted to the lawful purposes of the
authorized games of chance lessor.
E.
No single prize shall exceed the sum or value of $300,
except that for merchandise wheels and bell jars, no single prize
shall exceed the sum or value of $250. No single wager shall exceed
$6.
F.
No authorized organization shall award a series of
prizes consisting of cash or of merchandise with an aggregate value
in excess of $1,000 during the successive operations of any one merchandise
wheel or bell jar.
G.
In addition to merchandise wheels and bell jars, no
more than five other single types of games of chance shall be conducted
during any one license period.
H.
Except for merchandise wheels, no series of prizes
on any one occasion shall aggregate more than $400 when the licensed
authorized organization conducts five single types of games of chance
during any one license period. Except for merchandise wheels and bell
jars, no series of prizes on any one occasion shall aggregate more
than $500 when the licensed authorized organization conducts less
than five single types of games of chance, exclusive of merchandise
wheels and bell jars, during any one license period.
I.
Except for the limitations on the sum or value for
single prizes and series of prizes, no limit shall be imposed on the
sum or value of prizes awarded to any one participant during any occasion
or any license period.
J.
No person except a bona fide member of the licensed authorized organization shall participate in the management of such games, no person except a bona fide member of the licensed authorized organization, its auxiliary or affiliated organization, shall participate in the operation of such game, as set forth in § 151-10 of this chapter.
K.
No person shall receive any remuneration for participating
in the management or operation of any such game.
L.
No authorized organization shall extend credit to
a person to participate in playing a game of chance.
M.
No game of chance shall be conducted on other than
the premises of an authorized organization or an authorized games
of chance lessor.
N.
The unauthorized conduct of a game of chance shall
constitute and be punishable as a misdemeanor.
No person, firm, partnership, corporation or
organization shall sell or distribute supplies or equipment specifically
designed or adapted for use in conduct of games of chance without
having first obtained a license therefor upon written application
made, verified and filed with the Board in the form prescribed by
the rules and regulations of the Board. In each such application for
a license under this section shall be stated the name and address
of the applicant; the names and addresses of its officers, directors,
shareholders or partners; the amount of gross receipts realized on
the sale and rental of games of chance supplies and equipment to duly
licensed authorized organizations during the last preceding calendar
or fiscal year, and such other information as shall be prescribed
by such rules and regulations. The fee for such license shall be a
sum equal to $25 plus an amount equal to 2% of the gross sales and
rentals, if any, of games of chance equipment and supplies to authorized
organizations or authorized games of chance lessors by the applicant
during the preceding calendar year, or fiscal year if the applicant
maintains his accounts on a fiscal year basis. No license granted
pursuant to the provisions of this section shall be effective for
a period of more than one year.
A.
The following shall be ineligible for such a license:
(1)
A person convicted of a crime who has not received
a pardon, a certificate of good conduct or a certificate of relief
from disabilities;
(2)
A person who is or has been a professional gambler
or gambling promoter or who for other reasons is not of good moral
character;
(3)
A public officer or employee;
(4)
An authorized games of chance lessor;
B.
The Board shall have power to examine or cause to
be examined the books and records of any applicant for a license under
this section. Any information so received shall not be disclosed except
so far as may be necessary for the purpose of carrying out the provisions
of this chapter.
C.
Any solicitation of an organization licensed to conduct
games of chance, to purchase or induce the purchase of games of chance
supplies and equipment, other than by a person licensed or otherwise
authorized pursuant to this section shall constitute a violation of
this section.
D.
Any person who willfully shall make any material false
statement in any application for a license authorized to be issued
under this section or who willfully shall violate any of the provisions
of this section or of any license issued hereunder shall be guilty
of a misdemeanor and, in addition to the penalties in such case made
and provided, shall forfeit any license issued to him or it under
this section and be ineligible to apply for a license under this section
for one year thereafter.
E.
At the end of such period specified in the license,
a recapitulation shall be made as between the licensee and the Board
in respect of the gross sales and rentals actually recorded during
that period and the fee paid therefor, and any deficiency of fee thereby
shown to be due shall be paid by the licensee and any excess of fee
thereby shown to have been paid shall be credited to said licensee
in such manner as the Board by the rules and regulations shall prescribe.
Pursuant to Section two of an Act of Congress
of the United States, entitled "An act to prohibit transportation
of gambling devices in interstate and foreign commerce," approved
January 2, 1951, being Chapter 1194, 64 Stat. 1134, and also designated
as 15 U.S.C. §§ 1171-1177, the State of New York, acting
by and through the duly elected and qualified members of its legislature,
does hereby, in accordance with and in compliance with the provisions
of Section two of said Act of Congress, declare and proclaim that
it is exempt from the provisions of Section two of said Act of Congress.
All shipments into this state of gaming devices,
excluding slot machines and coin-operated gambling devices, as defined
in Subdivision 7-a of § 225.00 of the Penal Law, the registering,
recording and labeling of which has been duly had by the manufacturer
or dealer thereof in accordance with Sections three and four of an
Act of Congress of the United States, entitled "An act to prohibit
transportation of gambling devices in interstate and foreign commerce,"
approved January 2, 1951, being Chapter 1194, 64 Stat. 1134, and also
designated as 15 U.S.C. §§ 1171-1177, shall be deemed
legal shipments thereof into this state.
A.
To conduct games of chance.
(1)
Each applicant for a license shall, after obtaining
an identification number from the Board, file with the Clerk or department
a written application therefor in a form to be prescribed by the Board,
duly executed and verified, in which shall be stated:
(a)
The name and address of the applicant together
with sufficient facts relating to its incorporation and organization
to enable such Clerk or department, as the case may be, to determine
whether or not it is a bona fide authorized organization;
(b)
The names and addresses of its officers; the
place or places where, the date or dates and the time or times when
the applicant intends to conduct games under the license applied for;
(c)
The amount of rent to be paid or other consideration
to be given directly or indirectly for each licensed period for use
of the premises of an authorized games of chance lessor;
(d)
All other items of expense intended to be incurred
or paid in connection with the holding, operating and conducting of
such games of chance and the names and addresses of the persons to
whom, and the purposes for which, they are paid;
(e)
The purposes to which the entire net proceeds
of such games are to be devoted and in what manner; that no commission,
salary, compensation, reward or recompense will be paid to any person
for conducting such game or games or for assisting therein except
as in this chapter otherwise provided; and such other information
as shall be prescribed by such rules and regulations.
(f)
The name of each single type of game of chance
to be conducted under the license applied for and the number of merchandise
wheels, if any, to be operated.
(2)
In each application there shall be designated not
less than four bona fide members of the applicant organization under
whom the game or games of chance will be managed and to the application
shall be appended a statement executed by the members so designated,
that they will be responsible for the management of such games in
accordance with the terms of the license, the rules and regulations
of the Board, this chapter and the applicable local laws or ordinances.
B.
Authorized games of chance lessor. Each applicant for a license to lease premises to a licensed organization for the purposes of conducting games of chance therein shall file with the Clerk or department a written application therefor in a form to be prescribed by the Board duly executed and verified, which shall set forth the name and address of the applicant; designation and address of the premises intended to be covered by the license sought; a statement that the applicant in all respects conforms with the specifications contained in the definition of "authorized organization" set forth in § 151-1 of this chapter; a statement of the lawful purposes to which the net proceeds from any rental are to be devoted by the applicant, and such other information as shall be prescribed by the Board.
C.
The Town of Deerpark may, pursuant to § 151-2 of this chapter, adopt an ordinance providing that an authorized organization having obtained an identification number from the Board and having applied for no more than one license to conduct games of chance during the period not less than 12 nor more than 18 months immediately preceding may file with the Clerk or department a summary application in a form to be prescribed by the Board duly executed and verified, containing the names and addresses of the applicant organization and its officers, the date, time and place or places where the applicant intends to conduct games under the license applied for, the purposes to which the entire net proceeds of such games are to be devoted and the information and statement required by Subsection A(2) of this section in lieu of the application required under Subsection A of this section.
A.
The Clerk or department shall make an investigation
of the qualifications of each applicant and the merits of each application,
with due expedition after the filing of the application.
(1)
Issuance of licenses to conduct games of chance. If
such Clerk or department shall determine that the applicant is duly
qualified to be licensed to conduct games of chance under this chapter;
that the member or members of the applicant designated in the application
to manage games of chance are bona fide active members of the applicant
and are persons of good moral character and have never been convicted
of a crime, or, if convicted, have received a pardon, a certificate
of good conduct or a certificate of relief from disabilities; that
such games are to be conducted in accordance with the provisions of
this chapter and in accordance with the rules and regulations of the
Board and applicable local laws or ordinances and that the proceeds
thereof are to be disposed of as provided by this chapter; and if
such Clerk or department is satisfied that no commission, salary,
compensation, reward or recompense whatever will be paid or given
to any person managing, operating or assisting therein except as in
this chapter otherwise provided, it shall issue a license to the applicant
for the conduct of games of chance upon payment of a license fee of
$25 for each license period.
(2)
Issuance of licenses to authorized games of chance lessors. If such Clerk or department shall determine that the applicant seeking to lease premises for the conduct of games of chance to a games of chance licensee is duly qualified to be licensed under this chapter; that the applicant satisfies the requirements for an authorized organization as defined in § 151-1 of this chapter; that the applicant has filed its proposed rent for each license period and that the Clerk or department has approved the proposed rent as fair and reasonable; that the net proceeds from any rental will be devoted to the lawful purposes of the applicant; that there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in this chapter; and that such leasing of premises for the conduct of such games is to be in accordance with the provisions of this chapter, with the rules and regulations of the Board and applicable local laws and ordinances, it shall issue a license permitting the applicant to lease said premises for the conduct of such games to the games of chance licensee or licensees specified in the application during the period therein specified or such shorter period as such Clerk or department shall determine, but not to exceed 12 license periods during a calendar year, upon payment of a license fee of $50. Nothing herein shall be construed to require the applicant to be licensed under this chapter to conduct games of chance.
(3)
Issuance of license upon summary application. If, upon the basis of a summary application as prescribed under Subsection C of § 151-8 of this chapter, the Clerk or department shall determine that the applicant is duly qualified to be licensed to conduct games of chance under this chapter, said Clerk or department shall forthwith issue said license. In the event the Clerk or department has reason to believe that the applicant is not so qualified the applicant shall be directed to file an application pursuant to Subsection A of § 151-8 of this chapter.
B.
On or before the 30th day of each month, the Treasurer
of the Town of Deerpark in which the licensed property is located
shall transmit to the State Comptroller a sum equal to 50% of all
authorized games of chance lessor license fees and the sum of $15
per license period for the conduct of games of chance collected by
such Clerk or department pursuant to this section during the preceding
calendar month.
C.
No license shall be issued under this section which
shall be effective for a period of more than one year.
A.
No application for the issuance of a license to conduct
games of chance or lease premises to an authorized organization shall
be denied by the Clerk or department, until after a hearing, held
on due notice to the applicant, at which the applicant shall be entitled
to be heard upon the qualifications of the applicant and the merits
of the application.
B.
Any license issued under this chapter may be amended,
upon application made to such Clerk or department which issued it,
if the subject matter of the proposed amendment could lawfully and
properly have been included in the original license and upon payment
of such additional license fee, if any, as would have been payable
if it had been so included.
A.
Each license to conduct games of chance shall be in
such form as shall be prescribed in the rules and regulations promulgated
by the Board, and shall contain a statement of the name and address
of the licensee, of the names and addresses of the members of the
licensee under whom the games will be managed, of the place or places
where and the date or dates and time or times when such games are
to be conducted and of the purposes to which the entire net proceeds
of such games are to be devoted; the name of each single type of game
to be conducted under the license and the number of merchandise wheels,
if any, to be operated; and any other information which may be required
by said rules and regulations to be contained therein, and each license
issued for the conduct of any games shall be conspicuously displayed
at the place where same is to be conducted at all times during the
conduct thereof.
B.
Each license to lease premises for conducting games
of chance will be in such form as shall be prescribed in the rules
and regulations of the Board and shall contain a statement of the
name and address of the licensee and the address of the leased premises,
the amount of permissible rent and any information which may be required
by said rules and regulations to be contained therein, and each such
license shall be conspicuously displayed upon such premises at all
times during the conduct of games of chance.
A.
The officer or department shall have and exercise rigid control and close supervision over all games of chance conducted under such license, to the end that the same are fairly conducted in accordance with the provisions of such license, the provisions of the rules and regulations promulgated by the Board, and the provisions of this chapter, and such officer or department and the Board shall have the power and the authority to temporarily suspend any license issued by the Clerk or department pending a hearing; and after notice and hearing, the Clerk, department or Board may suspend or revoke the same, declare the violator ineligible to apply for a license for a period not exceeding 12 months thereafter, and additionally, impose a fine in an amount not exceeding $1,000 for violation of any such provisions, which shall not be paid from funds derived from the conduct of games of chance, and shall have the right of entry, by their respective officers and agents, at all times into any premises where any game of chance is being conducted or where it is intended that any such game shall be conducted, or where any equipment being used or intended to be used in the conduct thereof is found, for the purpose of inspecting the same. Upon suspension or revocation of any license or upon declaration of ineligibility to apply for a license, the Board may suspend or revoke the identification number issued pursuant to § 151-2 of this chapter. An agent of the appropriate officer or department shall make an on site inspection during the conduct of all games of chance licensed pursuant to this chapter.
B.
A municipality may, by local law or ordinance enacted pursuant to the provisions of § 151-2 of this chapter, provide that the powers and duties set forth in Subsection A of this section shall be exercised by the chief law enforcement officer of the county. In the event the Town of Deerpark exercises this option the fees provided for by Subsection B of § 151-19 of this chapter, shall be remitted to the chief fiscal officer of the county.
C.
Service of alcoholic beverages. Subject to the applicable provisions of the Alcoholic Beverage Control Law, beer may be offered for sale during the conduct of games of chance on games of chance premises as such premises are defined in § 151-1 of this chapter; provided, however, that nothing herein shall be construed to limit the offering for sale of any other alcoholic beverage in areas other than the games of chance premises or the sale of any other alcoholic beverage in premises where only the game of chance known as the bell jar is conducted.
Except as provided in § 151-15 of this chapter, no games of chance shall be conducted under any license issued under this chapter on the first day of the week, commonly known and designated as Sunday, unless it shall be otherwise provided in the license issued for the conducting thereof, pursuant to the provisions of a local law or an ordinance duly adopted by the governing body of the municipality wherein the license is issued, authorizing the conduct of games of chance under this chapter on that day only between the hours of 12:00 noon and 12:00 midnight. Notwithstanding the foregoing provisions of this section no games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
No person under the age of 18 years shall be
permitted to play any game or games of chance conducted pursuant to
any license issued under this chapter. Persons under the age of 18
years may be permitted to attend games of chance at the discretion
of the games of chance licensee. No person under the age of 18 years
shall be permitted to operate any game of chance conducted pursuant
to any license issued under this chapter or to assist therein.
No game or games of chance shall be conducted
under any license issued under this chapter more often than 12 times
in any calendar year. No particular premises shall be used for the
conduct of games of chance on more than 24 license periods during
any one calendar year. Games shall be conducted only between the hours
of 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday and
Thursday, and only between the hours of 12:00 noon on Friday and 2:00
a.m. Saturday, and only between the hours of 12:00 noon on Saturday
and 2:00 a.m. Sunday. The 2:00 a.m. closing period shall also apply
to a legal holiday. The above restrictions shall not apply when only
the game of chance known as the bell jar is conducted.
No person shall operate any game of chance under
any license issued under this chapter except a bona fide member of
the authorized organization to which the license is issued, or a bona
fide member of an organization or association which is an auxiliary
to the license or a bona fide member of an organization or association
of which such licensee is an auxiliary or a bona fide member of an
organization or association. Nothing herein shall be construed to
limit the number of games of chance licensees for whom such persons
may operate games of chance nor to prevent nonmembers from assisting
the licensee in any activity other than managing or operating games.
No game of chance shall be conducted with any equipment except such
as shall be owned or leased by the authorized organization so licensed
or used without payment of any compensation therefor by the licensee.
The head or heads of the authorized organization shall upon request
certify, under oath, that the persons operating any game of chance
are bona fide members of such authorized organization, auxiliary or
affiliated organization. Upon request by an officer or the department
any such person involved in such games of chance shall certify that
he or she has no criminal record. No items of expense shall be incurred
or paid in connection with the conducting of any game of chance pursuant
to any license issued under this chapter except those that are reasonable
and are necessarily expended for games of chance supplies and equipment,
prizes, security personnel, stated rental if any, bookkeeping or accounting
services according to a schedule of compensation prescribed by the
Board, janitorial services and utility supplies if any, and license
fees, and the cost of bus transportation, if authorized by such Clerk
or department.
A fee may be charged by any licensee for admission
to any game or games of chance conducted under any license issued
under this chapter. The Clerk or department may in its discretion
fix a minimum fee. Every winner shall be determined and every prize
shall be awarded and delivered within the same calendar day as that
upon which the game was played. No alcoholic beverage shall be offered
or given as a prize in any game of chance.
A licensee may advertise the conduct of games
of chance to the general public by means of newspaper, circular, handbill
and poster, and by one sign not exceeding 60 square feet in area,
which may be displayed on or adjacent to the premises owned or occupied
by a licensed authorized organization, and when an organization is
licensed to conduct games of chance on premises of an authorized games
of chance lessor, one additional such sign may be displayed on or
adjacent to the premises on which the games are to be conducted. Additional
signs may be displayed upon any fire fighting equipment belonging
to any licensed authorized organization which is a volunteer fire
company, or upon any equipment of a first aid or rescue squad in and
throughout the community served by such volunteer fire company or
such first aid or rescue squad, as the case may be. All advertisements
shall be limited to the description of such event as "games of chance"
or "Las Vegas Night," the name of the authorized organization conducting
such games, the license number of the authorized organization as assigned
by the Clerk or department and the date, location and time of the
event.
A.
Within seven days after the conclusion of any license
period, the authorized organization which conducted the same, and
its members who were in charge thereof, and when applicable the authorized
games of chance lessor which rented its premises therefor, shall each
furnish to the Clerk or department a statement subscribed by the member
in charge and affirmed by him as true, under the penalties of perjury,
showing the amount of the gross receipts derived therefrom and each
item of expense incurred, or paid, and each item of expenditure made
or to be made other than prizes, the name and address of each person
to whom each such item of expense has been paid, or is to be paid,
with a detailed description of the merchandise purchased or the services
rendered therefor, the net proceeds derived from the conduct of games
of chance during such license period, and the use to which such proceeds
have been or are to be applied, and it shall be the duty of each licensee
to maintain and keep such books and records as may be necessary to
substantiate the particulars of each such statement.
B.
Upon the filing of such statement of receipts, the
authorized organization furnishing the same shall pay to the Clerk
or department as and for an additional license fee a sum based upon
the reported net proceeds, if any, for the license period covered
by such statement and determined in accordance with such schedule
as shall be established from time to time by the Board to defray the
actual cost to municipalities or counties of administering the provisions
of this chapter, but such additional license fee shall not exceed
5% of the net proceeds for such license period.
A.
The Clerk or department and the Board shall have power
to examine or cause to be examined the books and records of:
(1)
Any authorized organization which is or has been licensed
to conduct games of chance, so far as they may relate to games of
chance, including the maintenance, control and disposition of net
proceeds derived from games of chance or from the use of its premises
for games of chance, and to examine any manager, officer, director,
agent, member or employee thereof under oath in relation to the conduct
of any such game under any such license, the use of its premises for
games of chance, or the disposition of net proceeds derived from games
of chance, as the case may be.
(2)
Any authorized games of chance lessor so far as they
may relate to leasing premises for games of chance and to examine
said lessor or any manager, officer, director, agent or employee thereof
under oath in relation to such leasing.
B.
Any information so received shall not be disclosed
except so far as may be necessary for the purpose of carrying out
the provisions of this chapter.
Any applicant for, or holder of, any license
issued or to be issued under this chapter aggrieved by any action
of an officer, Clerk or department, to which such application has
been made or by which such license has been issued, may appeal to
the Board from the determination of said officer, Clerk, or department
by filing with such officer, Clerk, or department a written notice
of appeal within 30 days after the determination or action appealed
from, and upon the hearing of such appeal, the evidence, if any, taken
before such officer, Clerk or department and any additional evidence
may be produced and shall be considered in arriving at a determination
of the matters in issue, and the action of the Board upon said appeal
shall be binding upon such officer, Clerk, or department and all parties
to said appeal.
No person, firm, partnership, corporation or
organization lawfully conducting, or participating in the conduct
of games of chance or permitting the conduct upon any premises owned
or leased by him or it under any license lawfully issued pursuant
to this chapter, shall be liable to prosecution or conviction for
violation of any provision of Article 225 of the Penal Law or any
other law or ordinance to the extent that such conduct is specifically
authorized by this chapter, but this immunity shall not extend to
any person or corporation knowingly conducting or participating in
the conduct of games of chance under any license obtained by any false
pretense or by any false statement made in any application for license
or otherwise, or permitting the conduct upon any premises owned or
leased by him or it of any game of chance conducted under any license
known to him or it to have been obtained by any such false pretense
or statement.
Any person, firm, partnership, corporation or organization who or which shall: (1) make any material false statement in any application for any license authorized to be issued under this chapter; (2) pay or receive, for the use of any premises for conducting games of chance, a rental in excess of the amount specified as the permissible rent in the license provided for in Subsection B of § 151-11 of this chapter; (3) fail to keep such books and records as shall fully and truly record all transactions connected with the conducting of games of chance or the leasing of premises to be used for the conduct of games of chance; (4) falsify or make any false entry in any books or records so far as they relate in any manner to the conduct of games of chance, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization; or (5) divert or pay any portion of the net proceeds of any game of chance to any person, firm, partnership, corporation, except in furtherance of one or more of the lawful purposes defined in this chapter, shall be guilty of a misdemeanor and shall forfeit any license issued under this chapter and be ineligible to apply for a license under this chapter for at least one year thereafter.
A.
Any person, association, corporation or organization
holding, operating, or conducting a game or games of chance is guilty
of a misdemeanor, except when operating, holding or conducting:
(1)
In accordance with a valid license issued pursuant
to this chapter; or
(2)
On behalf of a bona fide organization of persons 60
years of age or over, commonly referred to as senior citizens, solely
for the purpose of amusement and recreation of its members where:
(a)
The organization has applied for and received
an identification number from the Board;
(b)
No player or other person furnishes anything
of value for the opportunity to participate;
(c)
The prizes awarded or to be awarded are nominal;
(d)
No person other than a bona fide active member
of the organization participates in the conduct of the games, and
(e)
No person is paid for conducting or assisting
in the conduct of the game or games.
B.
The provisions of this section shall apply to all
municipalities within this state, including those municipalities where
this chapter is inoperative.
